| Special News Alert Regarding School Safety Initiative | |
| The West Michigan Construction Alliance has learned that construction contractors may be required to conduct criminal history records checks with their employees who work on school projects. For further details, see below. | |
| Late last year, Governor Granholm signed into law a package of bills known collectively as the School Safety Initiative. The laws were designed to minimize opportunities for certain criminals’, particularly registered sex offenders, to contact students at school.
Formerly, schools were required to request criminal background checks through the state police and FBI for applicants for teaching and administrative positions, or any other position requiring state board approval. Effective January 1, 2006, schools are required to request criminal background checks for all full and part-time employees and for individuals assigned to regularly and continuously work under contract in schools. Schools are prohibited from employing individuals convicted of listed offenses in any capacity. Schools are also now prohibited from allowing such individuals to work under contract in any school. Schools may employ individuals convicted of felonies other than the listed offenses, but only if approved by the superintendent or chief administrator and the school’s board of education. Schools have been advised by some law firms that the terms “assignment under contract” and “regularly and continuously” although not defined in the Act, should be interpreted to cover construction contractors. This means that you will begin seeing these requirements in bid specs. In addition, since the statute does not define school, there is no way of distinguishing between school buildings where students are present and other school facilities including newly constructed facilities. Therefore, some law firms may advise schools to enforce the new laws on new construction. Construction contractors are therefore required to bear the expense of the criminal history and records check, which will be reflected in their bids. Generally, contractors must request the Michigan State Police (MSP) to conduct a criminal records check through the Federal Bureau of Investigation (FBI) on all individuals working regularly and continuously. Before employing an individual employee, the contractor must have received the MSP report. If the report discloses a pertinent conviction, then the employer may not employ that person. If a person is convicted subsequent to employment, the employer must notify the school authorities, and may have to terminate the employee. Many agencies offer this service to employers, offering reduced rates and faster service than the MSP. AGC has stated they have met with Michigan Department of Education representatives and legislators to protest this interpretation of the new law, and review is underway. In the meanwhile however, AGC has stated they have no choice but to advise contractors to comply with the new laws. A copy of the law is available through the following link http://www.legislature.mi.gov/(ejrsp045bq45ib45tzaplv55)/mileg.aspx?page=BillStatus&objectname=2005-HB-4402 Michigan AGC will be monitoring these developments closely and will inform all contractors of any new developments. Permission was received from Michigan AGC regarding the distribution of this article. |
